EXPERTISE
8 n Capital Region Business Journal November 2009
LEGAL ADVICE
Legislature tries to bring uniformity to wind farm regulation
O Cynthia Buchko
is a shareholder in the Madison office of Whyte Hirschboeck Dudek S.C. and concentrates her practice in energy law and commercial litigation.
ne of Gov. Jim Doyle’s policy goals is to generate 25 percent of Wisconsin’s electricity from renewable sources by 2025, and Wisconsin electric public utilities are under statutory mandates designed to ensure that at least 10 percent of our electric consumption comes from renewable sources by 2015. Wind-generated electricity is one way to meet these goals. As pressure increased for new renewable energy sources, so too did the friction between wind industry growth and municipal control over that growth. In the wake of the 1979 energy crisis, the Wisconsin Legislature enacted statutes intended to encourage the development of wind and solar projects. The statutes (Wis. Stat. 66.0401 and 66.0403) prohibit municipal restrictions on wind farm development unless the restriction “serves to preserve or protect the public health or safety.” Since the statutes were first enacted, wind turbine technology and the scale of wind farms have changed dramatically. No longer is Wisconsin’s wind industry dominated by single wind turbine projects supplying electricity for an agricultural operation. Today, Wisconsin’s wind industry consists of commercial-scale wind
Today, Wisconsin’s wind industry consists of commercial-scale wind farm developments, each potentially involving several hundred 200-foot-tall wind turbines distributed over many miles. farm developments, each potentially involving several hundred 200-foottall wind turbines distributed over many miles. The large wind farm developments have encountered vocal opposition, particularly in communities with the best wind resources and the highest concentration of new wind farm developments. To address local concerns, some municipalities have enacted zoning ordinances prohibiting the placement of wind turbines within certain distances of roads, property lines and buildings, and requiring wind farm developers to obtain conditional use permits. Municipalities with such ordinances assert the ordinances promote public health and safety, such as protection of residents from shadow flicker or noise from wind turbines; however, wind farm developers argue the ordinances intentionally hinder wind
farm development — engendering a “Not In My Backyard” attitude — and create a patchwork of inconsistent regulation throughout the state. The tension between wind industry growth and municipal control of wind farm developments has led to lawsuits. In a recent case, a wind farm developer claimed that a Calumet County ordinance restricting wind farm development violated Wis. Stat. 66.0401 and 66.0403. The Wisconsin Court of Appeals agreed, concluding the ordinance exceeded the authority granted to municipalities by Wis. Stat. 66.0401 to regulate wind farms. At the same time this and other litigation was ongoing, the Legislature was contemplating statutory changes that would, hopefully, end the debate over the extent of municipalities’ authority to regulate wind farms. On Sept. 16, the Assembly passed 2009 Senate Bill 185, announcing the
Legislature’s decision that regulation of wind farm development should be uniform and centralized with the state. Under SB 185, the state Public Service Commission must develop rules for the construction and operation of wind farms, including uniform standards for the visual appearance of turbines, setback distances and shadow flicker. Any municipality that wants to regulate wind farms will be prohibited from enacting ordinances that are more restrictive than the PSC’s uniform standards. Wind farm developers may seek review by the PSC if they believe a municipal regulation is unreasonable or more restrictive than the PSC’s uniform standards. Gov. Doyle signed the bill on Sept. 30, and shortly thereafter the PSC opened a docket (PSC Docket No. 01-AC-231) relating to the development of wind siting rules. Whether uniform, centralized standards will actually increase wind farm development in Wisconsin is unclear; however, the struggle between state and local control of renewable energy projects is likely to recur as the 2015 and 2025 policy-goal deadlines near. n Jonathan D. Bundy, also an attorney with Whyte Hirschboeck Dudek S.C., assisted with this article.
ORGANIZATIONAL LEADERSHIP
The effects of technology, and the need to stop, drop and roll
I Dan Loichinger
is the managing partner of Loichinger Advantage LLC. He can be reached at dan @loichinger advantage.com.
recently had the great privilege to help design and launch the 2009 Midwest Forum on Talent Management. By all accounts — participant feedback, faculty dialogue and the engagement of our stakeholders — we started something big; something that will last. Did the area need one more conference? No. Do we benefit with a range of practitioners together? Yes! Could we leverage multiple associations to focus on advanced concepts and practices? Certainly! Will we need to change things for next year’s forum? Yes! Should we let go of what had been done for years and look ahead to something fresh and creative? Absolutely! Consider this quote: “We not only cling to the past, regardless of the result, but spend far too much time looking backward.”
The Problem Technology has come to roost in many of our organizational functions and practice disciplines. We all have mini-computers attached to our hips, enterprise resource
planning (ERP) systems integrating our work, and we continually update the PC systems needed for the workforce. Have we successfully brought the same innovation to our leadership function? Yes, we have rolled out new programs and initiatives, but have they really benefited the workforce in the way we anticipated? Organizations finish their strategic plan, but stop meeting after six to nine months. Businesses offer training programs, but managers seldom follow up because of their schedules. Companies buy new software without a stable process. We continue offering many of the same initiatives after improving them. Are they really what we need to meet customer needs in a dynamic world?
The Implication If we continue pushing what we’ve always pushed, we will continue to get the same results. If we do the same thing over and over again and expect different results, we lose touch with reality.
The world around us is changing rapidly, and in a very profound way. You’ve probably heard many of the same experts I have, who are predicting that the change we are experiencing has altered the very structure of who we are and what can be done. Time to look forward — not backward.
Becoming measurably better So, how do we become measurably better as leaders? We decide when to let go of the things that have served us well, and decide where we need to be bold and visionary. Allow me to share a few of the ideas that came my way during the forum this past week. I think they will serve you well: • Stop, drop and roll. Take the time to re-visit your strategic initiatives and business model. • Pick one initiative to be bold and visionary. Take charge of your customer’s success. Stop counting the steps and build a new system without risking it all. • Look upstream and ask tough questions the next time you aren’t
satisfied with your results. What could have been improved? Were expectations clear? Where could communication be strengthened? • Focus on relationships. Organizations can provide any custom model they want for managers but in the end, failure is predictable. Leaders derail when relationships don’t work. Networks are the real org chart today. • Build in the line of sight for everyone. Be transparent. Share the good and the bad. Put everyone in a position to support clients and revenue goals. • Listen, listen, listen. Understand that we have multiple generations working today. Each group has strengths to offer. • Grow by differentiating your company and brand. Go beyond the marketing exercise. Live the change. Actively manage the tension you see and feel. • Turn the keys now to prepare for the current upturn in the economy. Wishing you all the best and continue welcoming your comments, feedback and input. n